Man who allegedly killed son and mother in DUI crash in Broomfield pleads guilty to involuntary manslaughter

A man who allegedly killed a high school student and his mother in a drunken accident in Broomfield pleaded guilty to two counts of negligent manslaughter on Thursday.

Jose Menjivar, 38, was initially charged with two counts of vehicular manslaughter (DUI), two counts of vehicular manslaughter (reckless driving), DUI (fourth or subsequent offense), and DUI per se (fourth or subsequent offense).

However, on Thursday he pleaded guilty to two counts of negligent homicide – driving under the influence of alcohol.

Menjivar is in custody on $250,000 bail. Sentencing is scheduled for November 8 at 9 a.m.

The accident occurred on December 12 near Main Street and Miramonte Boulevard and killed 46-year-old Melissa Powell and her 16-year-old son, Riordan Powell.

In a letter sent to students and families on Dec. 13, Broomfield High School Principal Ginger Ramsey said Riordan Powell was a student at both Broomfield High and Boulder Technical Education Center.

According to an affidavit, Menjivar was driving a 2000 Toyota Tundra south on Main Street on Dec. 12 when he collided with a 2016 Mazda CX-5 driven by Melissa Powell. The CX-5 was turning left onto Main Street from Miramonte Boulevard heading east.

Melissa Powell died at the scene of the accident and Riordan Powell died later in hospital.

Witnesses told police that before the crash, they observed Menjivar driving at least 80 miles per hour in the 40 mph zone and passing several vehicles while crossing a double yellow center line.

After the accident, investigators found at least two empty beer cans on the passenger floor of Menjivar's car, another beer can on the roadway and an open beer case in the back seat with the cans missing, according to the affidavit.

Officials also reported that they could detect “the overwhelming odor of an unknown alcoholic beverage emanating from within the tundra.”

Menjivar was taken to a hospital where police administered a blood alcohol test. According to the affidavit, his blood alcohol content was 0.249, which is three times the legal limit of 0.08.

According to court records, Menjivar previously pleaded guilty to driving under the influence in Boulder County in 2007 and 2016.

Originally published: September 24, 2024 at 20:19